Category Archives: FEIS

Motion Submitted to Rescind ACP Certificate and FEIS

On September 4, 2018, Friends of Nelson and Wild Virginia submitted a motion to the Federal Energy Regulatory Commission to “rescind and place in abeyance the Certificate of Convenience and Necessity for the Atlantic Coast Pipeline issued by the Commission staff on October 13, 2017, to rescind the Final Environmental Impact Statement (“FEIS”) for the Atlantic Coast Pipeline (“ACP”) issued on July 21, 2017 in the above captioned dockets, to and to initiate a new DEIS/FEIS NEPA process in this matter.”

The motion states, “Pursuant to NEPA Section 102, 42 U.S.C. § 4332, and its implementing rules, specifically 40 C.F.R. § 1502.9, Friends of Nelson and Wild Virginia move that the Commission rescind and place in abeyance the Certificate of Convenience and Necessity in this matter in accordance with the requirements of the Endangered Species Act, 16 U.S.C. § 1531 et seq. and National Environmental Policy Act, 42 U.S.C. § 4321 et seq. and in violation of FERC conditions placed upon the issuance of the Certificate of Convenience and Necessity. This is necessary because 1) the DEIS published on December 30, 2016 is deemed “so inadequate as to preclude meaningful analysis,” id., § 1502.9(a), as demonstrated by the copious amount of new and crucial information that has been submitted to FERC and emerged after the release of the DEIS, 2) the subsequent vacating of the United States Fish and Wildlife takings permit upon which the FEIS is based on August 6, 2018 and 3) the necessary rerouting of the ACP which will require a full NEPA analysis in lieu of the vacating of the right of way permit by the National Park Service on August 6, 2018.

“Therefore the Certificate of Convenience and Necessity issued on October 13, 2017 should be rescinded and placed in abeyance until 1) a new route has been determined, 2) a revised DEIS is issued that fully addresses and provides the public an opportunity to comment on the significant new information that has been submitted to FERC since the release of the original DEIS, 3) a Final Environmental Impact Statement (FEIS) has been issued, and 4) the project and its National Environmental Policy Act (NEPA) analysis is in full compliance with the Endangered Species Act (ESA) as required by NEPA.”

The motion is followed by 19 items of supporting facts and law, and concludes, “Friends of Nelson and Wild Virginia respectfully request that the Commission grant their motion and rescind and place in abeyance the Certificate of Convenience and Necessity for the Atlantic Coast Pipeline and Supply Header Project, CP15-554-000, CP15-555-000 et.al. and also rescind the FEIS upon which the Certificate relies. In this matter, the Commission must take a “hard look” at all new information and review it in the context of the application. This must include all information required by NEPA including full review of new information by USFWS and NEPA compliant ITS for all required species. It must also include information relating to any route changes required by the vacating of the NPS authorization of the right-of-way permit that NPS had issued to ACP. At such time that a new DEIS is completed, the commission shall initiate a new public comment period for the intended completion of a FEIS. Lastly, the Commission should require Dominion to file all additional information that is vital to the NEPA environmental review before proceeding further.”

The full motion is here.

Appendix 1 contains a motion to rescind or revise the Draft Environmental Impact Statement (“DEIS”) for the Atlantic Coast Pipeline (“ACP”) issued on December 30, 2016.

Appendix 2 contains “a partial list of important information that was submitted by Dominion in an untimely manner, too late to be considered in the NEPA analysis for the ACP and should be considered in a new DEIS/FEIS process. All of these are available on the FERConline website for Docket #CP15-554-000 et.al.”

Appendix 3 is the August 23, 2018, Richmond Times-Dispatch article, State scientists confirm more sightings of endangered bumblebee along pipeline route.

Appendix 4 is a copy of FERC’s August 10, 2018 denial by Commissioners Neil Chatterjee and Robert F. Powelson of requests for rehearing and Commissioner Cheryl A. LaFleur’s dissent.

FERC Issues FEIS on ACP


The Federal Energy Regulatory Commission issued its final Environmental Impact Statement on the Atlantic Coast Pipeline on July 21, 2017. FERC has 90 days to make a decision on issuing a certificate of approval for the project.

The full statement can be found here: https://ferc.gov/industries/gas/enviro/eis/2017/07-21-17-FEIS.asp

The summary statement from FERC staff includes this paragraph:

“The FERC staff concludes that construction and operation of ACP and SHP would result in some adverse effects, such as impacts on steep slopes and adjacent waterbodies and associated aquatic resources; forested vegetation; Endangered Species Act (ESA)-listed Indiana bat, northern long-eared bat, Roanoke logperch, Madison cave isopod, clubshell mussel, small whorled pogonia, and running buffalo clover; and karst, cave, subterranean habitat and the species associated with these habitats. Implementation of Atlantic and DETI’s respective impact avoidance, minimization, and mitigation measures, as well as their adherence to staff’s recommendations in the EIS would further avoid, minimize, and mitigate these impacts. Most, but not all of these impacts, would be reduced to less-than-significant levels. These determinations are based on a review of the information provided by Atlantic and DETI in their applications to the FERC and supplemental filings in response to staff’s environmental information requests; field investigations; scoping; literature research; alternatives analyses; and consultations with federal, state, and local agencies, and other stakeholders.”

We note that the FERC staff makes little mention of input from the large number of experts in varied fields who have presented evidence of severe consequences, relying instead on “information provided by Atlantic and DETI in their applications to the FERC and supplemental filings in response to staff’s environmental information requests.”

Note also that these are a staff recommendations only; actual FERC permits need approval by the Commissioners (there is only one at the moment, with three more nominated but not yet approved by the Senate). and the ACP must receive other permits as well, e.g. from DEQ and the USFS.

Allegheny-Blue Ridge Alliance (ABRA, of which Friends of Nelson is a member) issued a press release saying the EIS fails to assess whether the project is even needed (relying solely on the project developer’s claims of need), that numerous studies in recent years show the gas and utility sector is overbuilding natural gas infrastructure, and that the EIS glosses over the profound and permanent harm to water resources and drinking water supplies, forest ecosystems, wildlife and endangered species habitat, historic sites, agricultural resources, public lands including the Appalachian Trail and Blue Ridge Parkway, and local economies. A significant red flag for the ABRA is FERC’s reliance on Dominion’s pledges to mitigate harm to water resources rather than requiring the company to provide upfront detailed plans to be shared with the public prior to granting federal certification and the power of eminent domain. The press release also lists nine key points the EIS fails to adequately address.

Final Environmental Impact Statement (FEIS) for the MVP Released

The Final Environmental Impact Statement (FEIS) for the Mountain Valley Pipeline, was released by FERC June 23, 2017, and has been posted as a combined pdf file (930 pages!) by the Allegheny-Blue Ridge Alliance (ABRA). [Thank you, ABRA, for saving us from negotiating the unfriendly FERC Web site!] News stories and other items of interest on the FEIS will be posted on ABRA’s Facebook page (https://www.facebook.com/abralliance/?ref=aymt_homepage_panel).

Those primarily interested in the Atlantic Coast Pipeline should spend some time reading portions of the MVP’s document to get an idea of what we might expect when the FEIS for the ACP is released on July 21, 2017.